Mothers Against Drunk Driving, one of the highest-profile advocacy groups in history, began in 1980 with the stated goal of ending deadly alcohol-related wrecks. Yet over forty years later, alcohol is still a factor in about a third of the fatal vehicle collisions in the United States. 

Alcohol is great at many parties. It gives people an artificial sense of euphoria and slows motor skills. But these qualities often lead to tragedy if the person is behind the wheel. Because of the slower motor skills, drivers are unable to react to changing circumstances, like a fast-changing traffic light. Furthermore, the artificial sense of euphoria gives them a false sense of security, so they take unnecessary risks.

As outlined below, alcohol-involved crashes often cause serious injuries. Also as outlined below, a Philadelphia personal injury attorney can usually obtain substantial compensation in these cases. These victims both need and deserve this compensation.

Injuries in Alcohol-Related Collisions

Various kinds of head injuries are the most common kinds of injuries in alcohol-related wrecks. Unfortunately for victims, these wounds are also among the most serious kinds of car crash injuries.

Vehicle collisions are the leading cause of Traumatic Brain Injuries. These incidents combine all three common TBI causes, which are:

• Motion: During wrecks, the brain repeatedly slams against the inside of the skull. So, even if the victim has no lacerations or other facial injuries, the victim could still have a brain injury. As the injured brain swells and presses against the skull, the symptoms get worse and more difficult to address.
• Trauma: Seat belts, airbags, and other restraint systems can only absorb so much force. Because of the aforementioned slow driver reflexes, alcohol-related wrecks are usually high-speed wrecks as well. That increases the force even more.
• Noise: Most high-speed wreck witnesses say these incidents sound like explosions. Sudden, loud noises such as these trigger shock waves which disrupt brain functions, much like biological electromagnetic pulses.

Other accident-related brain injuries don’t develop right away. As many as 50 percent of these victims must deal with Post Traumatic Stress Disorder. Going through a traumatic event, like a near-fatal car wreck, alters brain chemistry. The resulting chemical imbalance causes symptoms like depression, hypervigilance, and nightmares.

First Party Liability

Such brain injuries are always permanent. Once brain cells die, they never regenerate. A combination of surgery, medication, and therapy can ease the symptoms but never “cure” the disease. To obtain compensation for these and other injuries, most victims have basically two alternatives.

If the tortfeasor (negligent driver) was arrested for DUI or another offense, the negligence per se shortcut could apply. Drivers are liable for damages as a matter of law if:

• They violate the DUI law or another safety law, and
• That violation substantially causes an injury.

Additional evidence, such as the circumstantial evidence listed below, might not be relevant for liability purposes. But it could affect the amount of compensation awarded. Usually, there’s a direct relationship between the amount of evidence presented and the amount of compensation awarded.

Circumstantial evidence could establish alcohol impairment. Since impairment begins with the first drink, many motorists are impaired but not legally intoxicated. Such evidence includes physical symptoms, such as:

• Blood shot eyes,
• Odor of alcohol,
• Unsteady balance, and
• Slurred speech.

Individually, these items prove little, in terms of alcohol-related crash liability. Some, such as unsteady balance, could be the effects of the accident. Others, such as odor of alcohol, only establish consumption.

Collectively, things are different. The more bricks in the wall, the stronger the wall is. Furthermore, the burden of proof in a civil claim is only a preponderance of the evidence (more likely than not). So, a little proof goes a long way.

Third Party Liability in Alcohol-Related Crashes

Restaurants, bars, and other commercial alcohol providers can stop alcohol-related wrecks before they stop, simply by cutting off alcohol sales to intoxicated persons. But many of these establishments refuse to do so, mostly for financial reasons. Therefore, Pennsylvania has a broad dram shop law. The duty of care, which everyone has, requires people to avoid injuring each other if they can.

47 P.S. §4-497 applies if the commercial provider illegally sold alcohol to a customer, and that customer caused a car crash. Examples of illegal sales include:

• Underage: The old “s/he looked older” defense normally doesn’t hold up in court. The fake ID defense might not hold up in court either. Commercial alcohol providers have a legal duty to train their workers to spot underage people and fake IDs.
• Visibly Intoxicated: The aforementioned circumstantial evidence is usually admissible on this point. The same burden of proof applies as well. 

Party hosts and other non-commercial providers could also be vicariously liable for damages, under the negligent undertaking theory or a similar legal doctrine.

Vicarious liability is very important in alcohol-related wrecks. Since the injuries are so serious, many drivers don’t have enough insurance coverage to provide fair compensation. That’s especially true in Pennsylvania. The Keystone State has one of the lowest auto insurance minimum requirements in the country. Third-party liability, like dram shop liability, gives these victims an additional source of recovery.

Please be aware that this article was written and published in conjunction with the help of Gorilla Webtactics, Law Firm Marketing Agency, and does not contain legal advice. Please do not act or refrain from acting based on anything you read in this article.

About the Author

John Mattiacci is an award-winning personal injury lawyer who represents victims in Pennsylvania and New Jersey. He focuses on vehicle collisions, slip-and-fall injuries, medical malpractice, and other negligence claims. Click here to learn more about John.